Protecting intellectual property rights is a crucial component of any business in Thailand. With strong enforcement and registration processes, companies can mitigate infringement risks and maximize commercial potential.
This legal guide covers the different categories of Intellectual Property in Thailand, including patents, copyrights and trademarks. It also details the process for protecting your IP in Thailand.
Patents
Patents are a key intellectual property right that provides the owner with a monopoly to make, use or sell his invention without competition for a specific period of time. It is important for businesses as it adds value to the business and helps in brand recognition. It also provides income earnings through royalties through others’ use of the patented product upon permission by the owner.
In Thailand, patents are granted to inventors of new inventions that include an inventive step and are capable of industrial application. The invention must be novel and not have been published elsewhere in order to be considered for patentability. Moreover, it is necessary to clearly disclose the patented invention in order to avoid possible disputes and misunderstandings.
A number of significant changes have recently been made to the Thai patent law. Among these are shortened timelines for requesting substantive examination and introduction of the patent fast-track program, which offers priority review to applications that meet certain criteria. This will help expedite the patenting process and reduce the cost of doing business in Thailand.
Companies looking to invest in Thailand should ensure their intellectual property is protected by working with a qualified law firm. They should register their trademarks and patents and monitor infringements on local markets and online platforms. In addition, businesses should implement non-disclosure agreements and enforce strict confidentiality measures in their business operations.
Copyrights
Copyrights protect the author’s creative works of expression. These include literary, dramatic, artistic, musical and audiovisual works as well as computer software. The protection of intellectual property rights in Thailand covers inventions, product designs, trademarks, commercial names, designations and protection against unfair competition.
As a signatory of the Berne Convention for the Protection of Literary and Artistic Works, Thailand has strict intellectual property laws. This makes it important for businesses to understand these laws and work with a law firm in Thailand that has experience handling IP matters in the country.
The Department of Intellectual Property administers the country’s patent, trademark and copyright laws. Its website offers a comprehensive guide to patents, trademarks, and copyrights in Thailand. The website also outlines the process for applying for intellectual property registration in Thailand.
Patent infringement in Thailand is illegal and may result in severe penalties. Business owners should take measures to prevent infringement by implementing non-disclosure agreements and enforcing clear confidentiality guidelines with employees and partners. Additionally, they should ensure that the description of their products is accurate and detailed to avoid misbranding. In addition, companies should seek legal advice about the possibility of licensing their intellectual property for use in Thailand. This is particularly important as the country has a large consumer market that is susceptible to counterfeit and pirated goods.
Trademarks
Unlike copyrights that protect artistic works, trademarks cover words or symbols used to distinguish products or services of the owner from those of others. Upon registration, the owner can take legal action against external parties who are using the mark without permission. This can protect your business name and brand from imitations or infringements that would otherwise harm your reputation.
To register a trademark in Thailand, you must submit an application to the Department of Intellectual Property. An initial search of existing Thai trademarks is necessary to ensure that your mark does not conflict with an already registered one. Thai law prohibits marks that are contrary to public order or morality; those that refer directly to the character or quality of associated goods or services; those that resemble or confuse with well-known trademarks; and those containing seals, emblems, flags, names or representations related to government entities, royal families, foreign states or international organizations.
Once your application is submitted, the registrar reviews it to determine whether it meets both formal and substantive requirements outlined in the Trademark Act. If he finds that it does not, he publishes it in the Trademark Gazette for a period of 60 days, inviting third parties to contest the mark based on superior rights or non-compliance with the law. In the event of an objection, the registrar may issue an order refusing or granting the mark or issue an order requiring amendments or further evidence to support the mark.
Trade Secrets
For businesses in Thailand, ensuring intellectual property protections are in place is essential. Having an experienced and knowledgeable IP attorney on hand will help ensure that all intellectual property assets are properly secured. From unique production formulas to customer data, intangible business assets like trade secrets are often among a company’s most valuable assets.
As a member of the World Trade Organization (WTO) and the International Intellectual Property Organization (WIPO), Thailand abides by international intellectual property standards. This includes ensuring that the patent application process meets all requirements, including conducting a search of existing patents to determine whether the invention is new.
In addition to patents, trademarks, and copyrights, the Thailand IP landscape also includes Geographical Indications (GI). GIs are a type of intellectual property that recognizes a product’s quality or reputation as originating from a specific region, such as jasmine rice from Surin province or Doi Tung coffee from Chiang Rai.
Companies in Thailand can seek protection for their GIs by registering them with the Department of Intellectual Property (DIP). The DIP will conduct a search of existing trademarks and publish the application for opposition. If no opposition is filed, the GI will be granted for a ten-year period. In the case of copyright, registration is optional but serves as significant evidence of ownership in court cases.